Analysis of the Structural Independence of the Judiciary from the Perspective of Positive Law, Jurisprudence, International Documents, and the Judicial Transformation Document: Existing Challenges and Solutions
Subject Areas : حقوق عمومی
1 - 1. Senior Levels and Kharej Level of the Seminary, Qom Seminary, Qom, Iran
Keywords: Judicial Independence, Independence of the Judiciary, Constitution, Code of Procedure,
Abstract :
Judicial independence and the independence of the judiciary are two interconnected but distinct concepts, both emphasized in the Constitution of the Islamic Republic of Iran. Judicial independence refers to the autonomy of a judge in handling cases and issuing rulings without interference or pressure from external forces. The Constitution provides multiple guarantees to ensure judicial independence, as seen in Articles 57 and 156, which discuss the concept of independence. In these articles, judges are obligated to adhere to justice and independence in their handling of cases. The Code of Criminal Procedure also includes rules and regulations to ensure the independence of judges, such as prohibiting interference in judicial matters and requiring judges to maintain impartiality. Islamic jurisprudence places a strong emphasis on the independence of judges, asserting that judges should only follow Sharia law and justice when adjudicating cases. International documents, such as the Universal Declaration of Human Rights, also stress the importance of judicial independence, considering it one of the foundational pillars of a fair legal system. The Judicial Transformation Document also outlines various programs and actions to strengthen the independence of the judiciary. Despite these guarantees and programs, several challenges exist in achieving judicial independence, including political interference, budgetary and resource shortages, administrative and judicial corruption, weaknesses in judge training and empowerment, and the absence of clear and effective laws and regulations. To overcome these challenges, multiple actions need to be taken, including strengthening the structural and functional independence of the judiciary, enhancing the social and economic status of judges, combating corruption, purifying the judicial system, developing training and empowerment programs for judges, creating transparent and effective laws and regulations, and encouraging public and civil society participation in overseeing the judiciary's performance.
